statement of the defendant admitted and marked as exhibit ‘A’ and
‘A1’ the robbery under consideration, was an armed robbery because
some of the armed robbers were armed with gun as disclose by the
evidence before this court and confirmed by the said statement of the
defendant.
As to 3rd element that the defendant participated in the robbery, this
court is also of the humble view that the evidence of Pw33 who
identified the defendant during an identification parade conducted by
the police as one of the robbers who attacked them, and also pointed at
the defendant during his oral evidence before this court as one of the
armed robbers who attacked them, coupled with the quoted portion of
the defendant’s statement, it is crystal clear that the defendant did
participated in the robbery alleged against him.
The Prosecuting counsel having proved all the elements of the offence
of robbery with which the defendant was arraigned before this court, it
flows therefore that the prosecution has also proved it case against the
defendant as required by law.
- Ajayi V. State {2013} NSCQR pt II p 632.
- Ikaria V. State {2013} 8 NCC 248.
- Alabi V. State {1993} 7 NWLR pt 307 p 511.
Consequently, I resolve the sole issue formulated in favour of the
prosecution against the defendant. Accordingly, I hereby found you
Muhammad Zamnau Boto guilty of the offence of robbery punishable
under section 298 of the Sokoto state Penal Code Law Cap. 104 Laws
of Sokoto State 1996.
ALLOCUTUS
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